POSH PARTY GROUP TERMS & CONDITIONS
For the purpose of this Rental Agreement:
Posh Party Group, LLC (PPG) shall mean the Rental Company, its owners, officers, directors, and employees; Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees. Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice. Rental Center shall mean Posh Party Group, LLC’s venue, showroom or warehouse, or any other facility or vehicle owned or leased by Posh Party Group, LLC where the storage, maintenance or transfer of its equipment occurs.
In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:
POSSESSION/ TITLE. PPG agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.
· A non-refundable deposit equal to 50% of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of PPG)
· A signed & dated copy of these Terms and Conditions; and rental agreement.
The remaining balance of the rental agreement must be paid 2 days prior to delivery, unless otherwise specified by PPG. If this obligation is not met, PPG reserves the right to either cancel the order without refunding the initial 50% deposit or apply late payment charges equal to the highest APR allowed by Delaware law.
Customer’s right to possession of the rental items:
· Is for a 6-hour period. Equipment returned after the 6-hour rental period will incur a $50 charge per extra hour.
· Begins when the rental item(s) leave the rental center in the care of the customer, or when the customer accepts and signs for the delivery of the rental items upon delivery.
· In the absence of the renter, the equipment may be signed for by an individual designated by the renter. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf.
· The rental agreement terminates once PPG has regained possession of the rental equipment.
· Any extension of the agreement must be agreed upon by PPG in writing.
· Title of the rental items shall, at all times, remain with PPG.
· Customer authorizes PPG to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property.
UNSAFE CONDITIONS. Posh Party Group, LLC reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, Posh Party Group, LLC will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.
Posh Party Group, LLC is not responsible for underground utilities, and charges for time out, whether equipment is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.
CANCELLATIONS. All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for PPG to reserve their order.
· Customers who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.
· Adjustments to orders can be made until 7 days prior to delivery (except for specialty items – see below). However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.
· Specialty items include specialty cut linens, custom items, and items that require PPG to manufacture, sub-rent, or purchase equipment. Specialty items are non-refundable once they have been ordered by PPG, or manufacturing of such items has begun
· Please be aware that once the contract is signed, and your event date scheduled, all other clients have been refused your specific rentals and services for your event date, and thus all payments are non-refundable.
· All services may be cancelled if received in writing no later than 30 days prior to the event. You would not be obligated to pay the balance of your invoice, unless you placed a special order for an out of stock or specialty item which was purchased specifically for your event. In such cases, you would be contractually bound to pay the balance due on the account. Consulting packages contain services that are rendered on a daily basis leading up to the event and must be paid in full, even if the event is cancelled. A credit in the amount of the deposit will remain on file if the event is postponed.
CUSTOMER PICK UP AND RETURN.
· PPG will reserve will call/pickup orders only if a rental agreement and this document have been signed. If the customer fails to pick up their will call order on the specified date, then PPG may re-rent the equipment; or if the equipment goes unrented, then PPG MAY STILL COLLECT A MINIMUM OF 50% FROM THE CUSTOMER.
· Responsibility for customer-pickup rental items remains with the customer from time the items leave the Rental Center until the time they are returned.
· The Customer is responsible for loading, unloading, and securing items within his or her vehicle as well as for any damage that they may suffer during those operations.
· PPG will assist the customer in loading, but PPG will not be held liable for traffic accidents or damages to vehicles or rental equipment in transit due to improper loading.
· Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by PPG.
· No CODs
DELIVERY CHARGES. Free delivery for rentals within a 10-mile radius of Wilmington Delaware, at the discretion of PPG. Outside of this area, please see below for charges:
· Our delivery charge outside of our service area is $1.10 per mile. A $150 minimum order is required to make a delivery. The delivery fee is calculated based on the number of items, bulkiness, and delivery location.
· Customers must be present for their entire delivery window. PPG will grant a 15-minute waiting period, after which the customer will be charged for waiting time up to $120.00 per hour billed in 5-minute increments.
· Orders will be delivered only if the cost of the items rented, excluding delivery fees and labor, is at least $150.
· PPG offers setup/breakdown services of equipment for additional charges.
· “Curbside delivery,” is defined as:
· Delivery to a ground level location on a flat, hard surface, within twenty-five (25) feet of the nearest loading area with no steps or obstructions.
· PPG will stack items neatly and securely with reasonable access for the Customer
· All equipment must be re-stacked and made ready for pick up by the Customer in same manner in which it was delivered; There will be a minimum two-hour window for both delivery and pickup (unless otherwise arranged in writing with PPG).
PPG may assess additional charges at a rate of up to $120 per hour when delivery conditions cause PPG to incur additional labor costs, including, but not limited to:
· deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel;
· deliveries that involve waiting times of more than 15 minutes;
· customer requires a precise (to within 15 minutes) delivery or pickup time;
· last-minute or rush deliveries or pickups; and/or
· Inaccurate delivery locations or directions supplied by the Customer.
· Chairs and tables can be set up and arranged to the Customer’s predetermined specification for a charge. Setup is mandatory, and carries separate setup charges, for some items, such as: Chiavari chairs, throne chairs, and large acrylics. If setup is requested, then PPG will perform one (1) setup. After the initial setup is completed, then PPG may opt to apply the aforementioned excessive labor charges, or they may opt to leave the premises without performing additional labor.
· If the renter is not available, then PPG may opt to either setup in a manner deemed appropriate by our staff, or we may opt to leave the equipment curbside. In such instances, no refunds will be given, and the customer accepts liability for any losses and damages that may happen to equipment left unsupervised for any reason, including acts of God.
Explanation of Deliveries:
· Round Trip Delivery: Delivery fees are assessed based on a two-trip basis (one to deliver and one to pick-up). If additional trips are required, you will automatically be billed. If your ceremony and reception are in two separate locations, additional delivery fees will apply. A responsible party (you or another adult 21 years of age or older) must be present upon delivery to sign the delivery slip and accept the items suitable for use. Any services added at that time will be charged to your account.
· Extended Load In/Out or Non-Standard Deliveries: Standard delivery fee includes drop off at the lowest level of the structure. Certain job sites require labor intensive load in/out (including elevators and stairs) and these logistical details must be arranged prior to your event. Please be sure to mention all these details to be sure we provide you with an accurate quote. Labor intensive deliveries range from an additional $50 - $200. Please be specific about the delivery details of your location prior to making the reservation. If BWR discovers a special delivery situation upon arrival, the credit card on file will be charged automatically.
Return Pick-up: If items are not accessible upon pick-up, an additional day rental fee and additional trip fee will be charged, regardless of fault. It is not PPG’s responsibility ensure the items are ready for pick-up. If items are not returned within three (3) days, replacement fees will be assessed on top of the rental fees, no refunds, no exceptions.
EQUIPMENT USAGE AND RETURN. All glassware, china, chargers and flatware must be rinsed reasonably free of any food debris. If the Customer fails to do so, then PPG will charge an additional $0.50 cents per piece to be deducted from the security bond. All vases, containers and packing materials must be returned with your order, or fees will be assessed. Additionally, Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and PPG has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.
· In such instances, unless the items in question are covered by a damage waiver, the Customer agrees to pay PPG for:
· All labor costs associated with repair and/or attempted repair of damaged equipment
· Replacement equipment (if necessary)
· Replacement of equipment directly related to the normal quality and functionality of the damaged equipment
· All shipping or delivery fees associated with the replacement or repair of damaged equipment.
PAYMENT FOR DAMAGED/MISSING ITEMS. When you return your items, PPG will review for any damages. Posh Party Group, LLC will notify you within one week of the event if damages are discovered, or items are found to be missing upon sorting, laundering and counting. Damaged items are discarded within 10 days unless the client requests to come pick them up. After 10 days, the client gives up rights to the item(s). Photos of damages will be submitted as proof upon request. If damaged items are not paid for within 7 days, the credit card on file will be billed, unless payment arrangements have been setup with the owner.
DAMAGE WAIVER. An 10% charge will be applied to all rental items to cover the cost of normal cleaning and maintenance. This does not cover LOSSES, THEFT OR DISAPPEARANCE OF EQUIPMENT
DUE TO CUSTOMER NEGLIGENCE. Broken items must be returned in their broken state or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.
LEGAL FEES. Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between PPG and their customers must be filed in New Castle County, and any litigation will be held in a New Castle County Court.
MISCELLANEOUS. The Rental Agreement may be executed or delivered by fax, or other electronic means such as email. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”
CREDIT CARD TERMS. A valid credit card must be kept on file. The credit card will be used for damages, missing items, late fees, replacement fees, cleaning fees, or added services as outlined above. The credit card will be charged if changes are made the day of the event, such as added services, labor or additional items are requested or required.
PRICING POLICY. Rental Prices are subject to change without notice. Price quotes are valid for 14 days. Orders with special pricing must be booked by the date specified. All rental prices are non-negotiable. Corporate rates are available when provided with a valid EIN.
CLEAN-UP SERVICES. PPG offers After Event Cleanup Services. The price is $2.50 per guest with a $150 minimum.
PHOTOGRAPHY RELEASE. By signing this agreement, you give Posh Party Group, LLC permission to use the photos that we take at your event on our website and advertisements, materials, etc, with the understanding that you will not profit from them in any way.
DISCOUNTS. PPG may offer discounts at its sole discretion. Any violation by the customer of PPG’s rental contract or Terms and Conditions, including violation of payment terms, will make such discounts null and void.
LOCAL RULES AND REGULATIONS. Any and all rules and regulations governing an event site must be provided in writing to PPG prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.
Please use the space provided below to list any rules or regulations that PPG must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location:
When you sign your order at pick up you are signing that you have received all of your items in good condition. You are also agreeing that the items are the correct items.